How to File a Wrongful Death Lawsuit in Colorado

Let’s not pretend this is anything but hell. Someone you love is gone—not from sickness, not from old age, but because someone else was careless/reckless/negligent. Your world has been ripped off its axis, and you’re left spinning in the dark, suffocating on a single, furious question: Now what?

The answer is you fight. Not for money, not for revenge—but for accountability. It’s the only language the people responsible and their insurance companies understand.

This isn’t some dry legal textbook. This is your battle plan. A step-by-step guide on how to file a wrongful death lawsuit in Colorado, written by someone who does this—and only this—for a living. We’re going to cut through the corporate-speak and the legal jargon to give you the clarity and confidence you need to make them answer for the empty chair at your table. It starts now.

Insurance Companies Have a Plan—Here’s How We Wreck It

Your phone rings. It’s an adjuster from their insurance company, voice dripping with fake sympathy. They’re “so sorry for your loss” and just want to “ask a few questions to process the claim.”

This is not a condolence call. It’s an interrogation. They are not your friend—they are the gatekeepers of the money the person who hurt your family is required to pay. Their one and only job is to protect their company’s profits by paying you as little as humanly possible.

They will offer a quick, insulting settlement, hoping your grief and financial stress will force you to take it. They will twist your words, misrepresent the facts, and wait for the clock to run out on your rights. It’s a disgusting, predictable playbook.

But you have a playbook, too.

Your First 48 Hours Are a Declaration of War

Before a single legal document is filed, the war is won or lost on the strength of your evidence. The insurance company is already building its case against you—you must move faster and smarter.

This isn’t about being aggressive—it’s about being strategic. Here are your marching orders.

• Go Silent. Do not—under any circumstances—give a recorded statement to any insurance adjuster. Ever. Hang up the phone. Their only goal is to get you on tape saying something they can use to deny/devalue your claim.
• Become a Collector. Gather every official document you can get your hands on: the police/accident report, the coroner's report, and the death certificate. These are the factual cornerstones of your case.
• Preserve Everything. Secure any physical proof. A wrecked car, torn clothing, a broken piece of machinery—do not let it be repaired or thrown away. It’s tangible, powerful evidence.
• Document the Scene. If you can do so safely, go back to where it happened. Take photos and videos of everything—skid marks, broken guardrails, poor lighting—before it gets cleaned up and erased.
• Identify Witnesses. Get names, numbers, and addresses for anyone who saw anything. A single eyewitness can shatter the defendant’s entire story.

The insurance company’s favorite tactic is to poke holes in your story. Your mission is to build a fortress of fact so airtight they can’t find a single crack.

The Clock Is Ticking—and It Doesn’t Care About Your Grief

The law is a cold, unforgiving machine. It has rules—and if you don’t follow them precisely, the door to justice slams shut in your face. Forever.

Two of the most rigid rules involve who can file a lawsuit and when it must be filed. Mess this up, and nothing else matters.

Who Gets to File the Lawsuit

Not just anyone can file a wrongful death claim. Colorado law has a strict hierarchy.

• Year One: The Spouse. For the first 365 days after a death, only the surviving spouse has the legal right to file a lawsuit. No one else—not adult children, not parents—can act during this time.
• Year Two: The Field Opens. After the first year passes, the right to file expands. Now, the surviving spouse, the surviving children, or the spouse and children together can bring the claim.

These rules can feel cruel, especially when family dynamics are complicated. But they are the law. Our detailed guide on who can file a wrongful death claim in Colorado breaks this down even further.

The Two-Year Drop-Dead Deadline

This is the most important deadline of your life. In Colorado, you have two years from the date of death to file a wrongful death lawsuit.

This is called the statute of limitations. It is absolute. If you miss it by one day, your claim is legally worthless. The person responsible for your loved one’s death gets away with it.

Insurance adjusters know this. A common tactic is to drag out “negotiations,” promising a settlement is just around the corner, lulling you into inaction until your time runs out. Don’t fall for it. This deadline is why you must speak with a lawyer immediately.

Understanding recent legal shifts is also vital. In 2025, Colorado’s cap on non-economic damages (for things like grief and sorrow) shot up to $2.125 million and will now adjust for inflation—a massive change that significantly impacts case value. You can read more about these nationwide wrongful death law updates on impactattorneys.com.

You Can’t Put a Price on a Life—But You Must Make Them Pay For It

Putting a dollar figure on a human life feels disgusting. It is. But in the cold world of civil justice, it is the only tool we have to hold negligent people and corporations accountable.

This isn’t about getting rich. It’s about securing your family’s future and forcing the defendant to reckon with the full scope of the devastation they caused. The law divides this into two categories.

Economic Damages: The Math of a Stolen Future

This is the “easy” part—the black-and-white accounting of tangible financial losses.

• Final Medical Bills: Every ambulance ride, ER visit, and surgery.
• Funeral Expenses: The full cost of a proper goodbye.
• Lost Future Earnings: This is the big one. We use forensic economists to calculate every dollar your loved one would have earned over a lifetime—including raises, retirement benefits, and health insurance.

We present these numbers not as a request, but as a bill that is due. For a deeper look, see how law firms systemize wrongful death settlement valuations.

Non-Economic Damages: The Fight for Humanity

This is where the real war is fought. Non-economic damages are compensation for the immeasurable human loss.

• Grief, sorrow, and mental anguish.
• Loss of companionship, love, and guidance.
• The void that can never be filled.

Insurance companies hate this part. They can’t quantify it on a spreadsheet, so they pretend it isn’t worth much. They will try to reduce your loved one to a line item. This is the core of their strategy, and it is profoundly evil.

It is our job to make them see the person, not the file number. We do this by telling the story—through the testimony of friends and family, through photos and home videos—until the value of that unique, irreplaceable life is undeniable. While trends can be seen in historic verdicts, like those discussed on attorneyatlawmagazine.com, every story is its own fight.

The Three Moves That Force a Reckoning: Draft, File, Serve

When the insurance company refuses to be reasonable, we stop talking and start acting. Filing the lawsuit is how we drag them out of their corporate offices and into the light of a courtroom.

The process itself is a powerful, three-step declaration.

1. Draft the Complaint: This is the official story of your case, written in the language the law requires. It details who is at fault, what they did wrong, and the harm they caused.
2. File with the Court: We submit the Complaint to the proper Colorado court. This single action formally begins the lawsuit and puts the entire legal system on notice.
3. Serve the Defendant: We hire a professional process server to hand-deliver a copy of the lawsuit to the person/company you are suing. They can no longer hide. They have been served.

Once served, they are legally required to respond. The games are over.

The Secret to a Great Settlement Is Preparing for a Vicious Trial

Over 95% of wrongful death cases settle before trial. But you don’t get a fair settlement by being nice. You get it by making the other side so terrified of trial that paying you fairly becomes their best option.

We prepare every case as if it’s going to a jury. We take depositions, we demand internal documents, we hire the best experts. We build a mountain of evidence so high and so solid that the insurance company’s lawyers have to tell their client, “We are going to lose. Badly.”

That is when they pay. They will try to downplay your pain and devalue your loss. Remember the worst insurance tactic—they will try to reduce your loved one to a line item. We make them understand that a jury will see a beloved human being, not a number, and that a jury will make them pay for every bit of the harm they caused. The full wrongful death lawsuit timeline in Colorado is a marathon, not a sprint, and we run it to win. Don’t worry about missing dates or deadlines—that’s our job, and we know the consequences of missing court dates.

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Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. The information contained herein is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act or refrain from acting based on this information without seeking professional legal counsel.

I know this is overwhelming. That’s okay. You don’t have to have all the answers right now. Just take the first step. When you’re ready to talk, I’m here to listen. I got you.

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